PRINTER'S NO.  2866

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE RESOLUTION

 

No.

520

Session of

2011

  

  

INTRODUCED BY DeLUCA, SCAVELLO, WATERS, PASHINSKI, STURLA, McGEEHAN, MATZIE, D. COSTA, MUNDY, HARHAI, DePASQUALE, DeWEESE, BISHOP, MANN, HORNAMAN, HARKINS, MIRABITO, JOSEPHS, YOUNGBLOOD, THOMAS, GERGELY, KIRKLAND, DAVIDSON, BRIGGS, V. BROWN, KORTZ, BROWNLEE, PRESTON, SANTARSIERO, MURPHY, M. O'BRIEN, GERBER, MAHONEY, CONKLIN, P. COSTA, CURRY, DAY, DEASY, DERMODY, FABRIZIO, FRANKEL, GEORGE, GIBBONS, GOODMAN, HALUSKA, M. K. KELLER, KOTIK, MARKOSEK, NEUMAN, PETRARCA, RAVENSTAHL, READSHAW, WHEATLEY, WHITE, WILLIAMS AND HANNA, DECEMBER 12, 2011

  

  

REFERRED TO COMMITTEE ON RULES, DECEMBER 12, 2011  

  

  

  

A CONCURRENT RESOLUTION

  

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Calling on the Attorney General of the United States to appoint

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a special counsel to investigate the handling by the

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Pennsylvania Office of Attorney General of an investigation

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into alleged sexual abuse of minors and to investigate

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whether that alleged sexual abuse may have violated Federal

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law.

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WHEREAS, On November 5, 2011, the Office of Attorney General

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filed a criminal complaint under Pa.R.Crim.P. 502(1) (relating

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to Instituting Proceedings in Court Cases) against Gerald A.

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Sandusky, a former football coach at The Pennsylvania State

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University, alleging, among other things, sexual misconduct,

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unlawful contact with a minor and endangering the welfare of a

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child, with respect to minors entrusted to his care; and

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WHEREAS, The report of the Thirty-Third Statewide

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Investigating Grand Jury, which recommended prosecution, found

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that there were similar allegations lodged against Mr. Sandusky

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as far back as 1998; and

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WHEREAS, The report also details actual and credible

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eyewitness accounts of sexual misconduct by Mr. Sandusky; and

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WHEREAS, It was years before the criminal complaint was filed

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by the Office of Attorney General and Mr. Sandusky was finally

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arrested; and

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WHEREAS, While these allegations were pending, Mr. Sandusky

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continued to have contact with minors, putting them at risk of

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falling victim to additional instances of sexual misconduct; and

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WHEREAS, It is inconceivable that, with credible eyewitness

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accounts of sexual misconduct by Mr. Sandusky, the office did

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not file a criminal complaint under Pa.R.Crim.P. 502(1) and make

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an arrest under Pa.R.Crim.P. 509(2)(a) or (c) (relating to Use

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of Summons or Warrant of Arrest in Court Cases) immediately upon

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learning of such alleged misconduct; and

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WHEREAS, The Grand Jury also found that Mr. Sandusky took one

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or more minors across state lines and that inappropriate sexual

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contact occurred with those minors while they were outside of

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this Commonwealth, apparently in violation of Federal law,

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including 18 U.S.C. Ch. 117 (relating to transportation for

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illegal sexual activity and related crimes); and

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WHEREAS, There is no Commonwealth law enforcement agency with

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the independence needed to competently investigate why the

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Office of Attorney General took so long to investigate this

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matter and to finally take action to remove Mr. Sandusky from

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further contact with minors and to investigate whether Mr.

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Sandusky committed acts in violation of Federal law by taking

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minors across state lines and engaging in inappropriate sexual

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contact with such minors while they were outside of this

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Commonwealth; therefore be it

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RESOLVED (the Senate concurring), That the General Assembly

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urge the Attorney General of the United States to appoint a

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special counsel to conduct an investigation; and be it further

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RESOLVED, That the special counsel's investigation determine

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whether appropriate personnel and other resources were assigned

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by the Pennsylvania Office of Attorney General to the

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investigation of Gerald A. Sandusky alleging, among other

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things, sexual misconduct, unlawful contact with a minor and

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endangering the welfare of a child, with respect to minors

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entrusted to his care; and be it further

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RESOLVED, That the special counsel's investigation determine

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why the office, with apparent probable cause consisting of

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credible eyewitness accounts of sexual abuse of children in its

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possession, failed to protect those children and others coming

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into contact with Mr. Sandusky by filing a criminal complaint

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under Pa.R.Crim.P. 502(1) (relating to Instituting Proceedings

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in Court Cases) and making an arrest under Pa.R.Crim.P. 509(2)

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(a) or (c) (relating to Use of Summons or Warrant of Arrest in

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Court Cases) immediately upon learning of the first incident of

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abuse; and be it further

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RESOLVED, That the special counsel's investigation determine

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whether Mr. Sandusky violated Federal law by taking minors

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across state lines and engaging in sexual abuse or otherwise

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inappropriate sexual conduct with the minors while he was

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outside of this Commonwealth and, if there was such a violation

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of Federal law, determine what individuals at The Pennsylvania

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State University knew or had reason to know about the activity

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which gave rise to the violation and when those individuals knew

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or had reason to know about that activity; and be it further

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RESOLVED, That a copy of this resolution be transmitted to

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the Attorney General of the United States.

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